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Juicy Whip, Inc. v. Orange Bang, Inc.

United States Court of Appeals for the Federal Circuit
185 F.3d 1364 (Fed. Cir. 1999)



Juicy Whip (plaintiff) sued Orange Bang (defendant) for infringement of the ‘405 patent, which claimed a drink-dispensing device. The patented device dispensed a “post-mix” beverage, which is one where syrup concentrate and water are mixed outside the view of the consumer at the time the beverage is being dispensed. However, the device also included a countertop display of agitating non-potable fluids meant to encourage a consumer to buy a drink. In essence, the consumer would see a large apparatus mixing a fluid and, enticed by the fluid, purchase a beverage thinking that they are receiving a visible “pre-mix” beverage, when in fact the consumer was receiving a “post-mix” beverage that is created out of sight. This device had the advantages of improved hygiene and ease of use, but in essence its purpose was to deceive the consumer. Orange Bang, on summary judgment, argued that the patented drink dispenser lacked utility under 35 U.S.C. §101 because its purpose was to deceive consumers. The district court granted the motion, holding the patent invalid, and Juicy Whip appealed.

Rule of Law


Holding and Reasoning (Bryson, J.)

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